Andhra Pradesh High Court - Amravati
Pakki Chittibabu vs The State Of Ap And Others on 7 August, 2024
Page 1 of 4 SRS,J
W.P.No.13202 of 2024
APHC010263692024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
WEDNESDAY ,THE SEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 13202/2024
Between:
Pakki Chittibabu ...PETITIONER
AND
The State Of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SRINIVAS AMBATI
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
The Court made the following:
:: ORDER :
:
This writ petition is filed seeking the following relief:
"... to issue a writ, order or direction more particularly one in the
nature of WRIT OF MANDAMUS declaring the inaction of the
respondents 1 to 3 on petitioner's representations dt. 25.07.2022,
21.09.2023, 20.03.2024 and 05.05.2024 submitted thereby requesting to
pay his retirement benefits i.e. Gratuity, Commutation value and Full
Service Pension with effect from 01.08.2021 along with interest, by
considering the judgment dt. 18.04.2022 in Calendar Case No.1174 of
2022 passed by the Learned Ist additional Judicial Magistrate of First
Class at Srikakulam and no disciplinary proceedings are pending against
the petitioner as illegal, arbitrary, violative of principles of natural justice
and offends Articles of 14 and 21 of Constitution of India and
consequently direct the respondents to pay his retirement benefits i.e.
Gratuity, Commutation value and Full Service Pension with effect from
01.08.2021 along with interest and pass such other order or orders ..."
2. Heard Sri Srinivas Ambati, learned counsel for the petitioner and Sri
R.S. Manidhar Pingali, learned Assistant Government Pleader for Services-III
for respondents 1 to 4.
3. Learned counsel for the petitioner would submit that petitioner retired
from service, as Administrative Officer from the office of respondent No.3, on
31.07.2021, on attaining the age of superannuation. He would submit that
pending the pension proposals, as petitioner was arrayed as accused in crime
No.145 of 2021 of Srikakulam II Town Police Station, Srikakulam District,
registered for the offences punishable under Sections 353 and 506 of Indian
Penal Code, 1860 (for short 'IPC') read with section 67 of the Information
Technology Act, 2020, he was not granted complete pension and other
retirement benefits. However, he was granted 75% provisional pension vide
G.O.Rt.No.454 dated 10.06.2022. He would submit that subsequently, charge
sheet was filed in crime No.145 of 2021 and the same was numbered as
CC.No.1174 of 2022. Learned I Additional Judicial Magistrate of First Class at
Srikakulam, after conducting trial, by judgment dated 18.04.2022 acquitted the
petitioner.
4. Learned counsel would further submit that pursuant to the
pronouncement of the judgment, petitioner made representations, dated
25.07.2022, 21.09.2023, 20.03.2024 and 05.05.2024 under Ex.P1, requesting
respondents 1 to 3 for release of retirement benefits in view of the calender
and judgment dated 18.04.2022. However the respondent authorities failed to
consider the same. Hence, the writ petition.
5. Learned Assistant Government Pleader would submit that respondents
1 and 2 will pass appropriate orders by considering petitioner's representation
in view of the judgment in C.C.No.1174 of 2022.
6. Given the facts and circumstances, this writ petition is disposed of at the
admission stage with the consent of learned counsel on either side directing
respondents 1 and 2 to consider representations, dated 25.07.2022,
21.09.2023, 20.03.2024 and 05.05.2024 made by the petitioner under Ex.P1
requesting for release of retirement benefits, keeping in view the judgment
dated 18.04.2022 passed in C.C.No.1174 of 2022, on the file of learned I
Additional Judicial Magistrate of First Class at Srikakulam, as expeditiously as
possible preferably within eight weeks from the date of receipt of a copy of this
order. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
Date : 07.08.2024
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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 13202/2024
Date : 07.08.2024
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